About WarChest

END-USER LICENSE AGREEMENT ("EULA") - RAD SOLDIERS™

Date of Last Revision: 6 August 2012

IMPORTANT NOTICE:

PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.

1.

INTRODUCTION

1.1 This app and any accompanying online or electronic documentation (“App”) have been produced by and is the property of Warchest Limited (“WarChest”). WarChest is referred to as “us”, “we”, and “our” in this EULA. Our registered office is at 86 Edgehill Road, Chislehurst, Kent, United Kingdom, BR7 6LB. We are a company registered in England and Wales, with company number 07783664. Our VAT number is 127537507.
1.2 THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP SO PLEASE READ THIS CAREFULLY.
1.3 BY DOWNLOADING AND USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE APP.

2.

IMPORTANT TERMS

2.1 ALL USE OF THE APP AND DOCUMENTATION IS SOLELY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2 THE EULA LIMITS WARCHEST’S LIABILITY AS IS SET OUT IN SECTION 15 (LIMITATION OF LIABILITY) BELOW.
2.3 IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIANS PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP. THIS APP IS NOT MADE AVAILABLE FOR USERS UNDER THE AGE OF 16 AND IF YOU ARE UNDER 16 YEARS OF AGE YOU SHOULD NOT DOWNLOAD OR USE THE APP.
2.4 YOUR USE OF THE APP REQUIRES YOU TO HAVE AN APPLE ITUNES ACCOUNT. YOUR ACCESS TO THE APP WILL BE LINKED TO YOUR APPLE ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLE POLICIES TO USE THE APP, INCLUDING FOR ANY IN APP PAYMENTS.

3.

APP DEVELOPER TERMS

The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App:

3.1 Acknowledgement
You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App and the content thereof.
3.2 Grant of Licence
Subject to your compliance with all conditions of this EULA we grant you a non-exclusive, personal, revocable, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/uk/legal/terms/).
3.3 Maintenance and Support
We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
3.4 Product Claims
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
3.5 Intellectual Property Rights
You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
3.6 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
3.7 Third Party Beneficiary
You acknowledge and agree that Apple are third party’s beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
3.8 Third Party Terms of Agreement:
We use third party software and services provided by Flurry, Facebook and Fireteam in the App. Use of the App is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App. More information about this can be found in our Privacy Policy.
  YOUR USE OF THE APP
3.9 As a condition of using the App, then our Privacy Policy shall apply. You confirm that you have read the Privacy Policy so that you understand how we collect personal and non-personal data including accessing your location. All data that we collect is used to understand and improve your use of the App, and to provide the functionality of the App to you as otherwise set out in the Privacy Policy.
3.10 By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are 16 years or above that you have obtained your parent or guardian’s consent to download, install and use the App.

4.

OWNERSHIP OF THE APP

4.1 All intellectual property in the App (except for User Generated Content) is owned by us and/or our licensors.
4.2 ‘RAD SOLDIERS’ is an EU trade mark application (number E10778744). All rights are reserved by us in the trade mark.
4.3 All intellectual property rights in the App and content on the App (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belongs to us and/or our licensors. All rights reserved.
4.4 If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to legal@warchestgames.com with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
 
4.4.1 Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;
4.4.2 Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
4.4.3 A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.

5.

LINKS TO WEBSITES

5.1 Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

6.

USER GENERATED CONTENT

6.1 To the extent that the App allows you to upload any text, images, videos or other content and information to our servers (“User Generated Content”), then you hereby grant us a royalty free, irrevocable, perpetual, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Generated Content as part of the App generally, and you acknowledge that we may make the User Generated Content available to other users of the App.
6.2 You confirm that any User Generated Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.
6.3 To the extent that the App allows you to message or communicate with other App users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We do not monitor any communications that you may send from the App.

7.

FURTHER CONTENT

7.1 We may offer further in-app content for you to purchase, download, install and use in the App (“Further Content”). We grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on an iOS Product.

8.

ADVERTISEMENTS

8.1 Where the App displays third party advertising, please note we are not responsible for the choice of the advert as all advertising is managed by Apple.
8.2 As is common with advertising within Apps and websites, the advertisements may serve cookies or similar tools onto your iOS device. We have no control over this process, but please note that the use of cookies and similar tools are detailed in our Privacy Policy and Apple’s own privacy policy available at www.apple.com/uk/privacy.
8.3 You may delete cookies and other similar tools from your iOS device by deleting the App. You can also opt out of personalised adverts by visiting https://oo.apple.com on your iOS device.

9.

CONTACT US

9.1 If you have any questions, complaints or claims with respect to the App, then you may contact us at info@warchestgames.com.

10.

SYSTEM REQUIREMENTS

10.1 This App has been developed to work on the latest version of the iOS software at the time of its release. Apple may from time to time update the iOS software, and we will endeavour, but not obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated iOS release. It is your obligation to ensure that you are using the latest public release of the iOS software.

11.

INDEMNITY / COMPENSATION

11.1 You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.

12.

TERM AND TERMINATION

12.1 This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from your iOS device on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App.
12.2 Section 11 (Indemnity/compensation), Section 6 (User Generated Content/Ownership/), Section 15 (Limitation of Liability), Section 12 (Term and Termination), Section 8 (Advertisements/Third Party App), Section 14 (General Provisions), Section 17 (Severance) and Section 18 (Jurisdiction).

13.

SUPPORT AND CONTACTING US

13.1 The App is provided “as is”. However if you need any help and support please visit www.warchestgames.com/support and we shall endeavour to assist you.
13.2 We may contact you using your email address or via the App.

14.

GENERAL PROVISIONS

14.1 This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
14.3 You may only use the App for your personal, private and non-commercial use. You may not reproduce, distribute, publically display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom.
14.4 You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.

15.

OUR LIMITATIONS OF LIABILTY

15.1 The App is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
15.2 We do not guarantee that the App will be (i) free of errors, viruses or bugs or other defects; or (ii) that the App or any information displayed or distributed through the App or in the Documentation will be accurate or complete; or (iii) that any defects in the App or Documentation will be corrected.
15.3 You acknowledge that reliance on any such information shall be at your sole risk.
15.4 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
15.5 TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
15.6 NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
15.7 OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU TO US IN THE 180 DAYS IMMEDIATELY PRIOR TO YOUR ASSERTION OF SUCH CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS TO US IN THE 180 DAYS PRIOR TO YOUR ASSERTION OF SUCH CLAIM YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE APP.
15.8 IN THE EVENT THAT APPLE REFUNDS YOU THE AMOUNT DETAILED IN 15.7 IN ACCORDANCE WITH THE ITUNES TERMS OF SALE, THEN BOTH APPLE AND WE WILL HAVE NO FURTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP.

16.

CHANGES TO THE EULA

16.1 We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple. We will notify you of any changes and you will be required to accept the changes to continue to use the App.

17.

SEVERANCE

17.1 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.

18.

GOVERNING LAW AND JURISDICTION

18.1 In the event of any dispute between you and us regarding this EULA and/or your use of the App, then the laws of England and Wales will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in England, UK only.
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